Conditions to Issuer’s Obligations. The obligations of the Issuer to issue New Notes and New Warrants to each Investor in respect of the Purchase, respectively, pursuant to Section 2 (but not the obligations of the Company, or the Issuer in respect of its indemnification obligations pursuant to Section 5.05) are subject to the satisfaction (or the waiver by the Issuer) of the following conditions as of the Closing Date and any applicable Subsequent Funding Date:
Appears in 2 contracts
Samples: Investor Purchase Agreement, Investor Purchase Agreement (Affinion Group, Inc.)
Conditions to Issuer’s Obligations. The obligations of the Issuer to issue New Notes Notes, New Common Stock and New Warrants Xxxxx Warrants, if any, to each Investor in respect of the Purchase, respectively, its Investment pursuant to Section 2 (but not the obligations of the Company, or the Issuer in respect of its indemnification obligations pursuant to Section 5.055.04) are subject to the satisfaction (or the waiver by the Issuer) of the following conditions as of the Closing Date and any applicable Subsequent Funding Date:
Appears in 2 contracts
Samples: Credit Agreement (Affinion Group Holdings, Inc.), Investor Purchase Agreement (Affinion Group Holdings, Inc.)
